The board may establish a
deadline for acquiring and installing measuring devices beyond two (2) years
from the department's identification of a chronically dewatered watercourse or
portion of a watercourse for the following circumstances:

(1) The board may consider an extension of the deadline for installation of measuring
devices on a watercourse or portion of a watercourse identified by the
department as
chronically dewatered if the owners of at least fifty per cent (50%) of the appropriation
facilities or the owners of twenty (20) appropriation facilities, whichever is
less, petition the board to establish a deadline beyond two (2) years from the
department's identification of a watercourse or portion of a watercourse as
chronically dewatered. The petition must be accompanied by a written
justification addressing the finding that must be made by the board. The
petition must be received by the board at least one hundred eighty (180) days
prior to the ordered deadline. The board must approve or deny the extension
within ninety (90) days of receiving the petition. The board may extend the
deadline by a maximum of two (2) years. The board's finding must be made from
information presented by petitioners and participants at a scheduled board
meeting.

(a) At a minimum the board must find:

(i) The two (2) year deadline is not practical for at least fifty per cent (50%) of the
appropriation facilities.

(ii) Installation of
measuring devices is not practical because of factors including the
availability of materials, labor and construction equipment, the time period
necessary to obtain permits and to finance, acquire, and install controlling
and measuring devices.

(iii) The public welfare will not be negatively impacted by an extended deadline because:

(A) there are no significant adverse environmental impacts; and

(B) there are no adverse effects on the quality of water for existing beneficial
uses.

(2) An owner or owners of an individual appropriation facility on an identified watercourse may request
an extension of a deadline for installation of measuring devices. The request
for extension must be presented to the board at least one hundred eighty (180) days prior to the ordered deadline. The board will determine if an extension is
to be granted and if so will specify a length of the extension. The board may
request the department to investigate the request and report its findings to the
board. Additional requests for individual extensions may be considered by the
board. Reasons for an individual extension will be limited to:

(a) extreme health or financial
circumstances;

(b) circumstances beyond the owners control which delay any necessary permits from
being obtained; or

(c) an owner who takes
possession of the appropriation facility with insufficient time to acquire and
install controlling and measuring devices before the established deadline.

(3) The board may extend the
deadline for having a suitable controlling device and measuring device
installed on an appropriation facility which is not currently used because the
land to which the water is applied is contracted under a state or federal
conservation set-aside program or the existing water right is leased
pursuant to 85-2-436, MCA or the existing water right has a
temporary change pursuant to 85-2-407, MCA. However the appropriation
facility must have a suitable controlling and measuring device before it can be
put into service. It is the responsibility of the owner or operator of the
appropriation facility to request the board to consider an extension of the
deadline.

(4) The board may extend the
deadline for having a suitable measuring device for an established instream
water right for a beneficial use dependent upon an appropriation facility on an
identified chronically dewatered watercourse or portion of a watercourse. If
there are no junior water rights or a measuring device will probably not help
to solve the chronically dewatered condition or resolve conflicts among water
right holders, an extension of the deadline may be granted by the board. The
owner or owners of an instream water right must request an extension from the
board. The extension will be for up to two (2) years. Additional requests for
extensions may be considered by the board.

(a) Instream water rights for
livestock drinking directly from a watercourse and waterspreading and natural
overflow irrigation rights will not be required to have a measuring device.

(5) A one (1) year extension of
the deadline for acquiring and installing measuring devices may be granted by
the board for the owner or owners of appropriation facilities who are
consolidating diversions or ditches.

(6) The board must place a
notice of consideration of an extension in the legal section and paid
advertisement of a newspaper of general circulation in the area of the
identified watercourse or portion of watercourse. The notice shall be made at
least thirty (30) days before the date of a scheduled board meeting. Actual
advertisement costs must be paid by the owners or operators requesting an
extension.

(7) Notice of an order issued
under this rule must be pursuant to ARM 36.13.107.

For questions regarding the content, interpretation, or application of a specific rule, please contact the agency that issued the rule. A directory of state agencies is available online at http://www.mt.gov/govt/agencylisting.asp.

For questions about the organization of the ARM or this web site, contact sosarm@mt.gov.